§ 23A-40-6 Arrest or detention without formal charge–Assignment of counsel–Certification of indigency required
§ 23A-40-6.1 Assigned counsel not required where defendant not deprived of liberty–Statement of judge required
§ 23A-40-7 Representation provided by county or municipality for indigents detainedwithout formal charge
§ 23A-40-8 Compensation of assigned counsel
§ 23A-40-9 Compensation of assigned counsel for services after judgment andconviction
§ 23A-40-10 Funds available from or on behalf of defendant–Order for reimbursement–Applicability–Credit against lien
§ 23A-40-11 Lien created against property of person for whom counsel provided–Limitation
§ 23A-40-12 Public defender’s lien
§ 23A-40-13 Statement of claim filed–Enforceability of lien
§ 23A-40-14 Enforcement or disposition of lien
§ 23A-40-15 Foreclosure prohibited upon homestead or exempt personal property
§ 23A-40-16 Correction of mistake in lien record at request of adversely affectedperson
§ 23A-40-17 Court appointed attorney and public defender payment fund established
§ 23A-40-20 Annual distribution of moneys in fund–Determination of pro ratapayments to counties
§ 23A-40-21 Training on mental illness and services

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 40 - (Rule 44) Counsel for Indigent Defendant

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.